(a-1) For purposes of this section, a late fee is considered reasonable if: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or, (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or. 946), Sec. a new child or a job transfer) that requires you to find new housing. 689, Sec. 1 While there is no specific Texas law governing how much these fees can be, excessive fees unrelated to actual early termination expenses may be struck down by a court. 8, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995. (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. (2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord. 92.335. Acts 1983, 68th Leg., p. 3639, ch. (4) a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 794, Sec. January 1, 2016. 13, eff. A mutual agreement for tenant repair under Subsection (g) of Section 92.0561 is not a violation of Section 92.006. (2) within a reasonable time after receiving a written request by a tenant. (c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. (3) a copy of the settled claim that documents payments made by the insurer to the landlord. 92.202. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. 92.160. Acts 1983, 68th Leg., p. 3630, ch. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner's funds in its possession or control. A wealth of home building and renovating wisdom from years of experience. September 1, 2011. 683, Sec. Added by Acts 1995, 74th Leg., ch. A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law. If your tenant leaves early and you have found a new tenant, the previous tenant is not obliged to pay for the remainder of the rent. Acts 2011, 82nd Leg., R.S., Ch. (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or. (a) In this section, "governmental entity" means the state, an agency of the state, or a political subdivision of the state. Acts 2009, 81st Leg., R.S., Ch. 92.001. 869, Sec. Sec. Sec. (16) "Window latch" means a device on a window that prevents the window from being opened and that is operated without a key and only from the interior. Sept. 1, 1997. (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior door if the door has: (A) a doorknob lock but not a keyed dead bolt; or, (B) a keyless bolting device but not a keyed dead bolt or doorknob lock; and. Sec. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY. (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3): (1) when the tenant or any other legal occupant is in the dwelling; or. Sec. Amended by Acts 1987, 70th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 1002), Sec. The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the tenant has not paid all rent due from the tenant; or. (n) If a delinquent electric bill is paid, or a deferred payment plan is entered into, during normal business hours, the landlord shall reconnect the tenant's electric service within two hours of payment or entry into the deferred payment plan. 11, eff. Original Source: (c) If the rules or policies are contained in the lease agreement or an attachment to the lease agreement, the title to the paragraph containing the rules or policies must read "Parking" or "Parking Rules" and be capitalized, underlined, or printed in bold print. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE. Sec. (k) For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service. 3101), Sec. A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 inches from the floor, if installed before September 1, 1993; or. 92.201. 1, eff. 91.002 by Acts 1987, 70th Leg., ch. The justice may defer payment of the tenant's filing fees and service costs for the sworn complaint for reentry and writ of reentry. (d) A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord: (1) the landlord did not know of the tenant's request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or. Acts 2015, 84th Leg., R.S., Ch. 576, Sec. SECURITY DEVICES REQUESTED BY TENANT. 92.005. 650, Sec. bosch b22ct80sns01 ice maker not working; texas property code reletting fee. 869, Sec. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. (c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice. 31.01(71), eff. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. (e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this subchapter. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. 869, Sec. 1086), Sec. (6) No provision of this section shall affect any right of a foreclosing superior lienholder to terminate, according to law, any interest in the premises held by the holders of subordinate liens, encumbrances, leases, or other interests and shall not affect any right of the tenant to terminate the lease according to law. A landlord complies with the requirements of this subchapter relating to the provision of smoke alarms in the dwelling unit if the landlord: (1) has a fire detection device, as defined by Section 6002.002, Insurance Code, that includes a fire alarm device, as defined by Section 6002.002, Insurance Code, installed in a dwelling unit; or. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. The screw hooks must be at least three inches in length and must be screwed into the door frame stud or wall stud on each side of the door. January 1, 2006. 17.001(a), eff. 744, Sec. If the insurance company has already paid the landlord for the invalidated claim, the landlord shall return the payment. Sec. If on a ceiling, it must be no closer than six inches to a wall or otherwise located in accordance with the manufacturer's installation instructions. (4) "French doors" means a set of two exterior doors in which each door is hinged and abuts the other door when closed. (5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord. (b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; (2) the condition materially affects the physical health or safety of an ordinary tenant; (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and. $3 fee for the first page and $2 for each succeeding page (Texas Local Government Code, Section 118.011). (e) If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2001. 917 (H.B. entrepreneurship, were lowering the cost of legal services and Sept. 1, 1993. 48, Sec. However . This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. 21.001, eff. Acts 2007, 80th Leg., R.S., Ch. The landlord may file subsequent affidavits, provided that the total delay of the repair or remedy extends no longer than six months from the date the landlord delivers the first affidavit to the tenant. The same if you're forced to move out because of lease violations. (a) In this section: (1) "Customer" means a person who is responsible for bills received for electric utility service or gas utility service provided to nonsubmetered master metered multifamily property. September 1, 2019. The reletting . (5) If the new landlord violates this subsection, the new landlord is liable to the tenant for a civil penalty of one month's rent plus $2,000, actual damages, and attorney's fees. (b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. (h) Subject to Subsections (i), (j), (k), (m), and (o), a landlord who submeters electricity or allocates or prorates nonsubmetered master metered electricity may interrupt or cause the interruption of electric service for nonpayment by the tenant of an electric bill issued to the tenant if: (1) the landlord's right to interrupt electric service is provided by a written lease entered into by the tenant; (2) the tenant's electric bill is not paid on or before the 12th day after the date the electric bill is issued; (3) advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that: (A) prominently displays the words "electricity termination notice" or similar language underlined or in bold; (i) the date on which the electric service will be interrupted; (ii) a location where the tenant may go during the landlord's normal business hours to make arrangements to pay the bill to avoid interruption of electric service; (iii) the amount that must be paid to avoid interruption of electric service; (iv) a statement providing that when the tenant makes a payment to avoid interruption of electric service, the landlord may not apply that payment to rent or other amounts owed under the lease; (v) a statement providing that the landlord may not evict a tenant for failure to pay an electric bill when the landlord has interrupted the tenant's electric service unless the tenant fails to pay for the electric service after the electric service has been interrupted for at least two days, not including weekends or state or federal holidays; and, (vi) a description of the tenant's rights under Subsection (j) to avoid interruption of electric service if the interruption will cause a person residing in the tenant's dwelling to become seriously ill or more seriously ill; and, (C) is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and. (2) all other exterior doors have a keyless bolting device installed in accordance with the height, strike plate, and throw requirements of Section 92.154. (a) A landlord has a defense to liability under Section 92.165 if on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by this subchapter. January 1, 2010. 1. 1, eff. 1, eff. 3101), Sec. On receipt of an affidavit, the justice shall issue a show cause order, directing the person to appear on a designated date and show cause why he should not be adjudged in contempt of court. texas property code reletting fee; Posted on June 29, 2022; By . (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (5) failure to provide accurate or complete information on the application form. (d) A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b). Amended by Acts 1997, 75th Leg., ch. Re: Reletting Charge. 357, Sec. 1, eff. January 1, 2021. AGENT FOR DELIVERY OF NOTICE. 475 (S.B. (3) of the charges for each option described by Subdivision (1) or (2). (3) that the guarantor is liable under a renewal of the lease only if the renewal: (A) involves the same parties as the original lease; and. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS Sec. (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE AND TIME FOR REPAIR. June 20, 2003. 917 (H.B. The customer must provide the notice by mail to the tenant's or owner's preferred mailing address or hand deliver the notice to the tenant or owner. 650, Sec. Acts 1983, 68th Leg., p. 3653, ch. 1, eff. 1, eff. (a) For purposes of this section: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1993. (2) made a notation in the landlord's files of the time, place, and method of providing the notice and the name of the person who delivered the notice by: (A) hand delivery to the tenant or any occupant of the tenant's dwelling over the age of 16 years at the tenant's dwelling; (B) facsimile to a facsimile number the tenant provided to the landlord for the purpose of receiving notices; or. Jan. 1, 1984. VENUE. (c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3). 1, eff. 1112 (H.B. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired. (b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent: (1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter; (2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and. Sec. 938, Sec. (c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and: (1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or. Renumbered from Sec. 1, eff. Acts 1983, 68th Leg., p. 3637, ch. LATE PAYMENT OF RENT; FEES. (g) A keyed dead bolt or a doorknob lock is not required to be installed at the landlord's expense on an exterior door if at the time the tenant agrees to lease the dwelling: (1) at least one exterior door usable for normal entry into the dwelling has both a keyed dead bolt and a keyless bolting device, installed in accordance with the height, strike plate, and throw requirements of Section 92.154; and. 1, eff. (d) The writ of restoration of utility service must be served on either the landlord or the landlord's management company, on-premises manager, or rent collector in the same manner as a writ of possession in a forcible detainer suit. 1198 (S.B. (d) The tenant remedies under this section are effective on the date the tenant has notice from the utility company of a future cutoff or notice of an actual cutoff, whichever is sooner.